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Course fees
|Tuition fee type
|Cost (per annum)
|Full time home/EU tuition fee:
|£9,250 per annum*
|Full time international tuition fee:
|£16,100 per annum
|Full-time industrial placement year fee:
|£1,850 per annum
|Full-time international placement year fee
|£3,650 per annum
All figures are subject to yearly increases.
*The Department for Education (DfE) have recently announced that they will be freezing tuition fees for the 2020/21 academic year.
About your course
Completing the MEng (Hons) Civil and Offshore Engineering at Liverpool John Moores University will enable you to graduate with a Masters-level qualification plus the skills and practical experience required to design, plan and manage civil and environmental projects from concept to realisation.
- Part of the MEng Civil Engineering suite of programmes, which achieved 94% overall student satisfaction rates in 2014
- Excellent links with industry plus the opportunity to undertake a year's paid placement
- £6 million recently invested in state-of-the-art teaching facilities
- Excellent career prospects both in the UK and overseas
- Start month: September
- Campus location: City Campus
There are no costs for day site visits for core and optional modules. Optional field trips and site visits will have costs involved. Students will need to purchase safety boots for site visits, and a basic scientific calculator.
LJMU civil engineering graduates are in high demand, with many securing job offers before they graduate.
Civil and offshore engineers address a wide range of practical problems concerned with issues as diverse as earthquake engineering, offshore pipeline design, deployable structures and tidal turbines.
Work-related learning
The best way to experience working in the civil engineering industry is to undertake a year's professional work placement, either in the UK or overseas, so you can put into practice what you have learnt in your first two years of study.
The placement is fully paid and is an invaluable opportunity to learn new skills and gain hands-on experience to add real value to your CV and impress future employers. The direct work experience could also count towards a professional qualification.
Completing the sandwich option will greatly improve your career prospects and could even lead to a permanent position with your placement employer.
Support and guidance
Dedicated personal tutor plus study skills support
Throughout the course you will have the support of a personal tutor who can provide one-to-one guidance and advice on course-related issues.
If you decide to complete the industry placement, you will be supported by the Faculty's Industry Unit, both in finding and securing the placement, and you will be visited by a tutor in your workplace to check on your progress during your placement.
Go abroad
LJMU aims to make an international opportunity available to every student. You may be able to study abroad as part of your degree, either in Europe or the US. You could take part in a work placement in Europe under the ERASMUS+ scheme or apply for one of our prestigious worldwide internship programmes. There are also opportunities to attend a two-week summer school with one of our worldwide partners.
Our Go Global Fund can help with costs towards volunteering, individual projects or unpaid placements anywhere in the world. With all these opportunities at your feet, why wouldn't you take up the chance to go abroad?
Find out more about studying or working abroad or email us at: email@example.com.
Course details
Civil and Offshore Engineers design, plan and manage civil and environmental projects from concept to realisation, considering structural problems and aesthetics as well as the environmental and economic impacts.
They need to be competent technically, practical in outlook and capable of giving professional advice on a variety of subjects ranging from design to construction and site management.
The MEng in Civil and Offshore Engineering gives you plenty of opportunities to apply your studies to real world situations. The degree is supported by employers from industry who provide case studies and suggestions for projects and the year-long work placement should you take this option.
What is an integrated master's (MEng) programme?
The MEng in Civil and Offshore Engineering is an integrated master's degree. This means that it combines undergraduate and postgraduate study into a single course.
What are the benefits of completing an MEng degree?
- You will graduate with a Master's level degree without having to apply for an MSc course
- You will gain a depth of specialist knowledge and experience highly sought after by employers
- You will be able to undertake the Initial Professional Development (on-the-job training) required to become a Chartered Engineer as soon as you graduate
- You will enjoy excellent career prospects and expect to command higher salaries than graduates with a BEng
What financial support is available to MEng students?
You will be eligible to apply for the same financial support as other undergraduates for the duration of your MEng. This includes student loans to cover your tuition fees and living expenses plus means-tested grants and bursaries. This financial support is not available to students who enrol on an MSc degree after completing a BEng programme. Furthermore, if you are awarded an LJMU scholarship – worth £1,000 or £10,000 – you will receive this award for every year of your degree as well.
Why study civil engineering at LJMU?
LJMU's civil engineering programmes are delivered by the Department of Civil Engineering, one of the UK's leading research departments for built environment and sustainability research. LJMU is also ranked in the top 15 higher education institutions working in this field. This research directly informs all of the University's civil engineering programmes, so you can be confident that your studies will reflect ongoing developments and innovation in this exciting field.
The Department's programmes are designed to develop innovative and creative professionals equipped to react to the challenges of the modern global built environment. Staff provide excellent levels of support to ensure you reach your full potential.
Furthermore, extensive links with professional bodies and industry mean you will enjoy a wide range of opportunities for work-placements, professional skills development and networking with potential employers. That's why our students enjoy excellent career prospects after they graduate.
What you will study on this degree
Please see guidance on core and option modules for further information on what you will study.
Level 4 (1 st year)
- Engineering Mathematics
- Structures and Materials
- Surveying and CAD
- Geotechnics
- Hydraulics
- Infrastructure
- Study skills and design will be developed through projects
Level 5 (2 nd year)
- Applied Mathematics
- Structural Analysis and Design
- Surveying
- Highways and Transportation
- Geotechnics
- Water Engineering
- Materials
- Professional practice developed through projects
Sandwich degree (3rd year)
- Year-long placement
Level 6 (3rd or 4th year)
- Advanced Materials
- River and Coastal Engineering
- Infrastructure
- Highways Design
- Innovation
- Advanced Geotechnics and Design
- Research Project
- Structural Design and Risk Management
Level 7 (4th or 5th year)
- Engineering Design Project
- Structural and Earthquake Engineering
- Offshore Engineering
- Marine and Offshore Safety
Further guidance on modules
The information listed in the section entitled 'What you will study' is an overview of the academic content of the programme that will take the form of either core or option modules. Modules are designated as core or option in accordance with professional body requirements and internal Academic Framework review, so may be subject to change. Students will be required to undertake modules that the University designates as core and will have a choice of designated option modules. Additionally, option modules may be offered subject to meeting minimum student numbers.
Please see the programme specification document for further details on this course.Programme specification document (PDF)
Teaching and learning
Excellent facilities and learning resources
Teaching on the course is via a combination of lectures, laboratory work, tutorials, workshops and practical sessions, combined with your own research using our library and the web.
You can expect to spend around nine hours per week in lectures, four in tutorials and up to four in workshops, practical and field-based studies, plus around 23 hours per week in private study.
Your lecturers
Expert tuition and support
All of your lecturers are dedicated to providing you with the best opportunities to develop your skills in Civil Engineering. Your lecturers come from a variety of backgrounds, most with several years' experience within the Civil Engineering Industry. They will pass on their practical knowledge of the industry to you.
Your lecturers also carry out internationally-recognised research into:
- water management and waste water treatment
- highways
- environmental engineering
- architectural engineering
- offshore engineering
- structural engineering
- construction management.
This research directly informs what you will study on the degree and opens up exciting opportunities for networking, work-related learning and placements with industry partners.
Assessment and feedback
Assessment varies depending on the modules you choose
We recognise that all students perform differently depending on the type of assessment they are asked to do, and so a variety of assessment methods are used. These include exams (open and closed book), coursework (projects, technical reports, reviews, etc), and presentations (individual and group).
Your tutors will give prompt and constructive feedback via Canvas (our virtual learning environment), face-to-face or in writing. This will help you to identify your strengths as well as the areas where you may need to put in more work.
Entry requirements
Please choose your qualifications below to view requirements
Minimum points required from qualifications
Application and selection
GCSE and equivalents
- Prior to starting the programme applicants must have obtained grade 4 or grade C or above in English Language and Mathematics GCSE or an approved alternative qualification below: •Key Skills Level 2 in English/ Maths • NVQ Level 2 Functional skills in Maths and English Writing and or Reading • Skills for Life Level 2 in Numeracy/English • Higher Diploma in Maths/ English • Functional skills level 2 in Maths/ English • Northern Ireland Essential Skills Level 2 in Communication or Application of Number • Wales Essential Skills Level 2 in Communication or Application of Number
A Levels
- Minimum number of A Levels required: 2
- Subject specific requirements: While Mathematics A Level is not a requirement, students would benefit from having either AS in mathematics or an A Level in a subject with some mathematical content
- Is general studies acceptable? Yes
- Are AS level awards acceptable? Acceptable only when combined with other qualifications
- Average A Level offer: ABB
- Maximum AS Level points accepted: 20
BTEC qualifications
- BTEC certificate: Acceptable only when combined with other qualifications
- 90 credit diploma: Acceptable only when combined with other qualifications
- Diploma (QCF): Acceptable only when combined with other qualifications
- Diploma subjects / grades required: To the total of 128 UCAS points when combined with other qualifications.
- Extended diploma (QCF): Acceptable on its own and combined with other qualifications
- Extended diploma subjects / grades required: DDM if studied on its own or To the total of 128 UCAS points when combined with other qualifications. Should be studying an appropriate subject, normally Building Services Engineering or another Engineering discipline
Access to Higher Education Diploma
- Access to Higher Education Diploma acceptability: Not acceptable
International Baccalaureate
- International Baccalaureate: Acceptable on its own and combined with other qualifications
- Additional information: 27 IB Diploma Points
Welsh awards
- Welsh Baccalaureate: Acceptable only when combined with other qualifications
Irish awards
- Irish Leaving Certificate: Acceptable on its own and combined with other qualifications
- Grades / subjects required: 128 UCAS points from a minimum of 5 subjects
Additional entry requirement information
No interview required (UCAS application form only)IELTS
6.0 (minimum of 5.5 in each component)Can this course be deferred?
YesIs a DBS check required?
NoIs RPL accepted on this programme? International requirements
Please Note: All international qualifications are subject to a qualification equivalency check via NARIC.
Finance and fees
Find out more about the student funding that you may be eligible for from either LJMU or the government. This section will give you information about grants and loans as well as targeted support for students with children, adult dependants or those with a disability.
Please note that the amount of money you will receive as a student is dependent on where in the UK you normally live (i.e. England, Wales, Northern Ireland or Scotland).
The information below relates to the 2019/20 academic year as the Government has not yet released information for 2020/21. As soon as this is available, we will update these web pages and associate information.
LJMU scholarships
LJMU's scholarships are open to all new full-time Home and EU undergraduates that are liable to pay tuition fees. These awards are not income assessed, they are based on excellence. If successful, you will be awarded a scholarship for each year of your course subject to satisfactory progress. In 2019/20 scholarships are worth between £1,000 and £10,000 per year. The money you receive doesn't have to be paid back.
LJMU bursary
The LJMU bursary is automatically paid to eligible students – you do not need to apply for it. In 2019/20 the annual bursary is £500, which works out at £1,500 over a three year degree.
LJMU bursaries are means-tested and you don't have to pay them back; they are intended to help you meet some of the costs associated with being a student.
Tuition fees
In 2019/20 the annual tuition fee for full time, undergraduate, home and EU students is £9,250. You will be charged a fee for each year of your course. The University reserves the right to increase fees up to the maximum permitted by law or government policy in the second and subsequent years of your course. Generally, these fee increases are linked to RPIX inflation (Retail Price Index excluding mortgage interest payments).
The important thing to remember is that you don't have to pay your tuition fees upfront - subject to meeting eligibility criteria, you can take out a tuition fee loan for each year of your course.
You can also take out a maintenance or living cost loan for each year of your course to cover your living expenses, such as rent and food.
You don't start repaying your student loans until after you've left university and start earning at least £25,716**.
For more information on eligibility and tuition fee loans, go to:
LJMU is committed to ensuring that students understand the full cost of studying at the University. Your tuition fee will cover or contribute to, as appropriate, expenses associated with your core modules, including:
- safety equipment, such as lab coats and goggles
- uniforms for nurses, paramedics and other professional placements
- UK field trips and other educational visits
- student exchanges
- DBS checks (Disclosure and Barring Service – formerly CRB)
- Professional sector regulatory body membership
** Repayment threshold for students normally resident in England and Wales.
Living expenses (maintenance) loan
In addition to your tuition fees, eligible full-time undergraduate students can also apply for a maintenance loan to cover living costs. If you're eligible, you can take out a loan for each year of your course.
The amount you'll receive will depend on where in the UK you normally live and your household income. This money will be paid into your bank or building society account in three instalments and it's up to you to budget for your living costs.
Part time students starting in 2018 or later can also apply for a maintenance loan.
For more information on student loans, go to: www.gov.uk/studentfinance
Paying back your student loans
You only start repaying your student loans the April after you have graduated or left university and start earning £25,716* or above. Repayments are based on a percentage of your salary not how much you have borrowed from the Student Loans Company. Repayments are currently set at 9% of any income over the threshold (which is currently set at £25,716).*
* Repayment threshold for students normally resident in England and Wales.
Career prospects
This MEng in Civil and Offshore Engineering degree will open up exciting career paths for you, working on site or in office-based design engineering companies designing offshore structures for government agencies or non-governmental organisations, utilities companies or port authorities.
While civil engineers may work on site, structural engineers usually work in office-based design engineering companies, government agencies or non-governmental organisations. You will enjoy excellent opportunities for work both in the UK and overseas, working on projects, such as:
- tall buildings
- football stadia
- bridges
- roads
- water treatment works.
The transferable skills developed on this course are also highly valued in many other fields of employment
CareerSmart programme
All students in their first year of study will have an opportunity to engage with the CareerSmart programme as an integral part of a core module of study. Once you have completed this, a wide range of other career-related provision and services will be available to support your development throughout your studies.
The new CareerSmart e-learning tool will introduce you to the steps involved in making informed choices about your career. It will enable you to consider your strengths and development areas, your career motivators, the options available to you and the necessary steps to take to achieve your career goals.
Professional accreditation / links
The accrediting body for this degree is the Joint Board of Moderators for the Institution of Civil Engineers, Institution of Structural Engineers, Institute of Highway Engineers, and the Chartered Institution of Highways and Transportation. Please see www.jbm.org.uk for further information.
This degree is accredited as fully satisfying the educational base for a Chartered Engineer (CEng).
See www.jbm.org.uk for further information.
Ultimately, with relevant work experience and a masters-level degree, the degree can lead to the professional qualification of Chartered Engineer (CEng) and the equivalent European Qualification of EurIng.
This programme is also accredited by IStructE.
International Scholarships
Studying at LJMU offers international students excellent value for money and the opportunity to secure an internationally-respected qualification plus outstanding career prospects.
LJMU offers scholarships for international students. The provision and range of these scholarships can change from year to year so it is important that you always check the website for the most up-to-date information. The University also accepts a range of external funding, should you be awarded a scholarship or sponsorship from elsewhere.
International Foundation Year and International Year One programmes
LJMU offers international students the option of completing International Foundation Year and International Year One programmes at the University's International Study Centre. These courses are managed and taught by Study Group, a world leader in education and training for international students – visit the International Study Centre.
English language qualifications
All international applicants must have an internationally recognised English language qualification, such as IELTS (International English Language Testing Service). Your English language qualification must have been certified within the last two years for verification purposes. LJMU will accept other UKVI-recognised English language tests providing you attain the appropriate level.
This table summarises the minimum scores required by LJMU, although specific course requirements may differ depending on the programme you want to study.
For course-specific English Language requirements, click the Entry requirements tab above.
To find out what qualifications are applicable in your country, please visit the international pages.
|Type of Programme
|International Foundation Programme
|50-57 (Min. 51 in each component for UKVI Purposes)
|Undergraduate degrees
|57 (Min. 51 in each component for UKVI Purposes)
|Not accepted
English language support to improve IELTS
If your English language level does not meet the required entry requirements for your course you may still be offered a place on the condition that you successfully complete an English for Undergraduate Study course at LJMU's International Study Centre.
Tuition fee deposits
As an international student, unless you are exempt, you will need to pay a tuition fee deposit. See further information on deposits and additional payments needed prior to enrolment.
Living Costs
When you apply for your visa or entry clearance, you will need to provide evidence of having enough money to support yourself for the duration of your programme and to pay for all of your living expenses. The good news is that the cost of living in Liverpool is one of the lowest in England, which means your money will go even further, allowing you to enjoy your student experience to the full.
In addition to academic fees, you must budget for living costs such as accommodation, food, clothing, books, local travel and entertainment. UK Visas and Immigration (UKVI) states that students studying outside London must have £1,015 per month for a maximum of nine months to cover their living costs.
We estimate that a single student living in LJMU-approved accommodation is likely to need an average of £5,000 to cover just their rent for a full academic year.
Academic Technology Approval Scheme Certificate (ATAS)
If you have applied to study an Enhanced Undergraduate Degree (such as an MEng) course at LJMU, you should check if you require an Academic Technology Approval Scheme or ATAS certificate.
You can find out more on the British Foreign and Commonwealth Office (FCO) website: www.fco.gov.uk/en/about-us/what-we-do/services-we-deliver/atas/who-atas/
Alternatively, contact LJMU's International Admissions Team for guidance. It is important to note that, if required, an ATAS certificate must be obtained before your Confirmation of Acceptance of Studies can be released to you.
Confirmation of Acceptance for Studies (CAS)
Before you can apply for permission to enter or remain in the UK under Tier 4 you will require a valid Confirmation of Acceptance for Studies or CAS. LJMU will only assign a CAS once you have satisfied the conditions of any offer made to you and you satisfy the University's obligations as a Tier 4 Sponsor. For more details, visit the international students section.
Your visa application
As soon as you have received an offer of a place at LJMU you should contact the Entry Clearance Office at the British Embassy, British High Commission or Consular Office in your own country to check whether you need a visa for entry into Britain. You are advised to do this as soon as you can as the visa application process can take a long time.
Please Note: To obtain an Entry Visa you should go to the British Embassy or High Commission in your own country, and present the following documents:
- Passport
- A valid LJMU Confirmation of Acceptance for Studies (CAS)
- Evidence of financial support for the programme
- Two recent photographs of yourself (passport-size)
- All relevant educational diplomas and certificates (as stated in your CAS)
- A declaration of your intent to return home on completion of your course of study
The university reserves the right to withdraw or make alterations to a course and facilities if necessary; this may be because such changes are deemed to be beneficial to students, are minor in nature and unlikely to impact negatively upon students or become necessary due to circumstances beyond the control of the university. Where this does happen, the university operates a policy of consultation, advice and support to all enrolled students affected by the proposed change to their course or module.
Further information on the terms and conditions of any offer made, our admissions policy and the complaints and appeals process.
The university reserves the right to withdraw or make alterations to a course and facilities if necessary; this may be because such changes are deemed to be beneficial to students, are minor in nature and unlikely to impact negatively upon students or become necessary due to circumstances beyond the control of the university. Where this does happen, the university operates a policy of consultation, advice and support to all enrolled students affected by the proposed change to their course or module.
A life-changing experience
There's so much more to university than just studying for a degree.
Take the next steps towards your future today
Still have questions?
For general enquiries, call us today on: 0151 231 5090Send us a message
Faculty of Engineering and Technology
International admissions
Applied Mathematics with Engineering
Find out more about studying for a BSc (Hons) degree in Applied Mathematics with Engineering at LJMU. Apply now to take the next steps towards your future.
BSc (Hons)
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Architectural Engineering
Find out more about studying for an MEng (Hons) degree in Architectural Engineering at LJMU. Apply now to take the next steps towards your future.
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Architectural Engineering
Find out more about studying for a BEng (Hons) degree in Architectural Engineering at LJMU. Apply now to take the next steps towards your future.
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Architectural Engineering with Foundation Year
Find out more about studying for a BEng (Hons) degree in Architectural Engineering with Foundation Year at LJMU. Apply now to take the next steps to your future.
BEng (Hons)
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Audio and Music Production
Find out more about studying for a BSc (Hons) degree in Audio and Music Production at LJMU. Apply now to take the next steps towards your future.
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Building Services Engineering
Find out more about studying for a MEng degree in Building Services Engineering at LJMU. Apply now to take the next steps towards your future.
MEng (Hons)
Part time
Building Services Engineering
Find out more about studying for a MEng degree in Building Services Engineering at LJMU. Apply now to take the next steps towards your future.
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Full time
Building Services Engineering
Find out more about studying for a BEng (Hons) degree in Building Services Engineering at LJMU. Apply now to take the next steps towards your future.
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Part time
Building Services Engineering
Find out more about studying for a BEng (Hons) degree in Building Services Engineering at LJMU. Apply now to take the next steps towards your future.
BEng (Hons)
Full time
Building Services Engineering Project Management
Find out more about studying for a BSc (Hons) degree in Building Services Engineering) at LJMU. Apply now to take the next steps towards your future.
BSc (Hons)
Full time


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Layered Coffee Ice Cream Dessert
Family and Friends won't believe it when you tell them this attractive layered dessert has only four ingredients. Our Test Kitchen home economists created this make-ahead recipe with your busy day in mind.
Total TimePrep: 30 min. + freezing
Makes10 servings
- 27 Oreo cookies, crushed (about 2-1/2 cups)
- 6 tablespoons butter, melted
- 5 cups coffee ice cream, softened
- 1 cup prepared chocolate frosting
- Chocolate-covered coffee beans, fresh mint leaves, warm caramel ice cream topping, optional
- Line the bottom and sides of a 9x5-in. loaf pan with heavy-duty foil. In a large bowl, combine the crushed cookies and butter until crumbly. Press half of the cookie mixture into the prepared pan. Gently spread half of the ice cream over the crumbs. Freeze for 15 minutes.
- Spread frosting over the top. Spread remaining ice cream over frosting and sprinkle the remaining crumb mixture and press down lightly. Cover and freeze overnight.
- Remove from the freezer 5 minutes before serving. Invert dessert onto a serving platter. Discard foil. Garnish with coffee beans and mint if desired. Cut into slices. Serve with caramel topping if desired.
Recommended Video
Feb 24, 2010
Where does other half of ice cream go? I assume between frosting and remaining cookie crumb mixture. Please clarify. It sounds great and I want to try it ASAP/ Thanks, Ann. St. Augustine, FL

subset: commoncrawl


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Roll that spliff phatly, pack some fresh ice into the binger, and set the Volcano to "toastify." It's time for tonight's Stoner Channel. We've collected our best high-times material for the discerning pothead so sit back, relax, and pass that shit on the left, yo.
Tonight's soft-focus weed porn comes to us from reader JH.
Click here for more hits from the bong.
Smoke Nullifiers on the Cheap
So you just took a monstrous rip, haven't even had the chance to exhale, and boom—your landord's banging down your door to bust your balls about rent. You can't very well have your place reeking when you're chatting, now can you?
You've got two options in this situation. First, you can buy yourself a Smoke Buddy for $20. It's a small disposable air purifier. You you exhale through the mouthpiece and the device filters out the odor and smoke. It's available from the Smoke Buddy website.
Or, if you don't feel like blowing $20, you can do the same thing with a paper towel tube and a dozen or so dryer sheets. Bunch up one sheet at a time, pack them in the tube and blow smoke. And when you've exhausted their freshness you can reuse them for other stuff beyond the laundry. Image: Aaron Amat / Shutterstock
Best. Technical College. Ad. Ever.
Even with the crippling debt of student loans and the threat of teleporting into sharp things, I want to go to the Central Institute of Technology.
See? Even Minifigs Have Grow Rooms
That's a wicked hydroponic setup given that LEGO people only have those weird Danny-DeVito-as-Penguin, clamp hands. Check out the full gallery here.
All images are ©Scott Parsley
Every Single James Bond Film at Once
Think about it. James Bond flicks totally set off the modern gadget craze. What better way for normal people to play the super-suave Secret Agent without any of the talent or training than owning the same toys? Except maybe the phone watch, that was all Dick Tracy.
When Anti-Theft Concept Devices Were More Brutal
Some of the earlier attempts at making 007 technology readily available for the everyman were...less effective...than others.
Boo Bass (Monsters, Inc. Remix)
Put your hands in the air and say D'AWWWWWWWWW!
Are You a Green Gardener?
Care to show off your handiwork to the Internets? If so, we want pics of your best buds, your highest-tech setups, and your bushiest bushes. Send images—960x540 minimum but we prefer 1600x900—of your legal stashes (no High Times ripoffs please) to atarantola at Gizmodo.com and we'll feature the best at the top each night's Stoner Channel. Put "The Stoner Channel" in the subject line while you're at it.
And no, for the last time, we aren't interested in seeing your wicked meth lab setup Jerry. Stop it or we're calling the fuzz.
Image: Curtis Barnard / Shutterstock


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Fire ruins CAT bus
A Charlottesville Area Transit bus appears to be a near-total loss after a Thursday morning fire. News reports indicate that nobody was injured in the June 2 blaze which completely destroyed the engine compartment of the full-size bus and occurred downtown on Water Street near the Lexis Nexis building.
City spokesperson Ric Barrick says the vehicle was heading to the Downtown Transit Station around 9:15am when the operator noticed smoke coming from the rear. There was just one passenger, who, like the operator, exited safely. Barrick says the investigation indicates that a broken fuel-line and engine heat led to the combustion.
–story updated 2:10pm on Tuesday, June 7
2 comments
UTS looks better and better everyday!
They had one burn up last year too, while being towed in.


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Thursday, June 5, 2014
Inspiration Photo Challenge
Hello! We announced a new challenge today over on the Little Tangles Blog. It is all about pulling inspiration from this photo...
HERE. I used the sweet summer one to create a tag. You can use these digi images to create a project and play along with the challenge!
Okay back to the envelope...I chose to decorate the front of an envelope because my mom's birthday is around the corner and she wants pictures of our beach vacation from last year. I chose some fun photos to put inside. Here is a peek at a few of my little guy at the beach...
THIS stamp set is the perfect sentiment to stamp on the back of the envelope, on the flap...
HERE. Thanks for stopping by. Be back soon.
Posted by Heather Ruwe at 8:10 AM
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PALM COAST, Fla. – A high-speed chase on Interstate 95 early Sunday morning ended with the arrest of a Jacksonville man and a 16-year-old girl reported missing from Tampa that authorities say are connected to a carjacking in Orange County.
The Flagler County Sheriff's Office says the two were found in possession of a 2009 black Toyota Corolla which was stolen from the owner outside of the Florida Mall in Orlando during an armed carjacking Wednesday night.
WJXT reports on Sunday, St. Johns County deputies spotted the car and alerted the Flagler County Sheriff's Office after pursuing the car south on Interstate 95. Deputies say the driver reached speed in excess of 100 mph.
According to the Sheriff's Office, the stolen car was spotted in Flagler County just before 4 a.m. and continued driving to Palm Coast Parkway, where the Flagler County Sheriff's Office attempted to stop the car using stop-sticks.
While trying to exit the highway, the Sheriff's Office says the driver of the stolen car was able to avoid hitting the stop-sticks and tried to re-enter the highway. While attempting this escape deputies say the driver lost control of the car hitting three palm trees before coming to a final stop on the southbound entrance ramp.
After the crash, the Sheriff's Office says the driver of the car ran from deputies to a wooded area near Cypress Edge Drive, leaving a female passenger inside the car.
Deputies began a ground search for the driver, who was located and had bite wounds from a deputy's K9 after the search dogs found him hiding under a trash receptacle outside of a Golden Corral on Cypress Edge Drive, the Sheriff's Office said.
The driver of the stolen car was identified as 24-year-old Dyson Graham of Jacksonville. Graham was charged with possession of stolen property, possession of a firearm by a convicted felon, carrying a concealed firearm and resisting arrest without violence. Additional charges may be filed by the St. Johns County Sheriff's Office.
The 16-year-old girl who was a passenger in the car is not being identified because she is a minor, but has been taken into custody and will be charged with possession of stolen property, according to the Flagler County Sheriff's Office.
During the investigation, the Sheriff's Office learned the teenager was reported missing from Hillsborough County.
Graham has a lengthy criminal record. According to Duval County records, Graham was convicted of possession of a firearm or weapon by a convicted felon. He was sentenced to one year in prison.
WJXT spoke with Graham's mother on Sunday.
"Disappointment. He just got out of prison," said Toshia Graham.
"Crime is nothing new to him."
"He's an adult now and I can only do so much as a parent. I can't keep controlling his life. He's gotta live his own life," Graham said.
"He's a convicted felon. So he's going to be labeled as a habitual offender. I'm quite sure he's going to get the maximum. I wouldn't expect anything less than that to be honest with you," said Graham.
After sticking by him while he served his first prison sentence, his mother said she won't do it again.
"I'm a god-fearing woman. I can see when he's veering off-track. He actually came to church with me Friday. Can't play with the man upstairs. He's going to make you see what he wants you to see," said Graham.
Channel 4 crime analyst Ken Jefferson said that if Graham is convicted in this case he will be in prison for a long time.
"You're looking at the commission of a felony with a weapon. You're looking at a minimum of 20 years just for a conviction of that one charge. Then you compile all the other charges that has been added to that, whatever they may be. So he's looking at a minimum of 20," Jefferson said.


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In the meantime, I've been dealing with other issues:
my mom had a health scare last week but all is well.
I've got a colonoscopy scheduled for tomorrow so have eaten only chicken broth all day plus drinking water and elderflower soda (which I make with syrup and seltzer). Whoopie!
I've done the first round of editing the second story I've bought for Tor--"Rag and Bone" by Priya Sharma, which is scheduled to be published May 1st
Working with my webmaster to redesign my website and include a blog in/on it. Once that happens I'll probably leave livejournal and dreamwidth as LJ is full of spam and just pretty quiet these days. I don't have time to read it-I follow the people I want on google reader, twitter, and fb.
Mostly though, I'm reading: for the Best Horror of the Year #5;the Stoker Collection jury; and the Shirley Jackson Award.


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| 2.3°C Belfast
Arnold Schwarzenegger has been spotted helping Kelsey Grammer to keep his baby daughter entertained in London.
Terminator star Arnie was dining in celeb hangout Cecconi's in Mayfair when a passing Kelsey, his wife Kayte Walsh and their 20-month-old daughter Grace saw him through the restaurant's window and popped in to see him over lunch.
When Arnie and the Frasier star left the restaurant and posed for photos outside, the former Governor of California kept Grace happy by paying her lots of attention.
But despite his imposing build, Arnie was no Kindergarten Cop where Grace was concerned, instead making sure the tot kept smiling by pulling faces at her.
The 66-year-old clowned around with the youngster giving Kelsey, 59, and pregnant Kayte, 32, a brief break while they chatted to fans.
Arnie has been in the UK accepting a lifetime achievement award at the Empire Awards, where he revealed what he'd done first on arriving in London.
He said: "The first thing I did was to work out and then, the second thing I did was to have some good British desserts, so that I gained the weight back after working out."


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For many people, Johann Sebastian Bach (1685-1750) was the greatest composer of all time. The St. Matthew Passion, the Brandenburg Concertos and The Well-Tempered Clavier: these and many other Bach works still provide musicians and composers with inspiration, even today.
Johann Sebastian Bach was born into a musical family. Although they were mainly still bakers (hence the name Bach), even the 16th century Bachs were passionate music makers. In Eisenach where Bach was born, the great composer's life and legacy is chronicled at the Bach House, which opened as a museum in 1907.
After engagements in Arnstadt, Mühlhausen and Weimar, Bach worked as kapellmeister at the royal court of Köthen from 1717 to 1723. Bach's first wife Maria Barbara died during this period and he married his second wife Anna Magdalena; both were excellent singers. It was also at Köthen that Bach composed some of his most famous instrumental works: the six Brandenburg Concertos and the first part of The Well-Tempered Clavier.
In 1723 Bach was appointed cantor of St. Thomas Church in Leipzig and he remained responsible for the city's church music until his death. In Leipzig he wrote his great oratorios and masses and most of his cantatas. There are not only two Bach memorials in Leipzig (both near St. Thomas Church) but also the annual Bach Festival, the Bach Archive and since 2010 a large Bach museum.
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LET'S RIDE: No, wait, let's walk or ride or. . . wha?
This is honest-to-God the dumbest product I've ever seen advertised.
—Customer review of the Treadmill Bike on BikeForest.com
We've all been to garage sales where stray pieces of forgotten and largely unused fitness equipment are offered, still in the battered box. We've all seen late-night infomercials about the latest running or weightlifting or yoga gadget that'll trim up your abs and tighten your butt for one low payment of $19.95. We've all witnessed absurd fitness trends in their various thighmaster-y forms, and the altogether desperate ways in which shyster entrepreneurs attempt to separate overnourished Americans from their money.
And now we have a winner. The height—or depth—of absurd fitness accessories has been reached. It truly does not get any more ridiculous than the Treadmill Bike, developed in Canada. It's just what it sounds like—a treadmill connected to wheels. When you run on the treadmill, the wheels propel you forward. Down the street.
Yes. Just like jogging.
The Treadmill Bike's product description contains plenty of flowery marketing terms. "Have you ever wished you could get a quality treadmill workout without paying expensive gym prices?" it asks. "Look no further than the Treadmill Bike by the Bicycle Forest. The Treadmill Bike offers the same fat-burning benefits of a conventional treadmill, without the membership fees!"
Naturally, it's been illuminated as the invention of morons by numerous websites, by a handful of cable television shows and, of course, by comments on the bike's incredible YouTube ad. "This is absolutely stupid," writes a typical reviewer. "It's totally useless. Why would anyone buy this ridiculous thing? If one wants to run outside, he doesn't need anything else but his legs!"
And that's exactly the kind of reaction Brent Curry, inventor of the Treadmill Bike, hoped for.
On the phone with Curry, it quickly becomes apparent that he created the Treadmill Bike as an artistic statement on the ludicrous nature of fitness gadgets. By pushing, in his words, to "the extremes of ridiculousness," Curry has artfully advocated basic exercise over expensive gadgetry. The fact that people take the Treadmill Bike seriously—or rather, think that he takes it seriously—only reinforces the success of his art.
Burry is an affable thirty-something Canadian who's conceived and built numerous art-bikes to accent his bike-rental business in Ottowa; he also rents the Hula Bike, with an offset rear hub, the Family Truckster, with room for four, and the Couch Bike, which is exactly what it sounds like—a bicycle pedaled by two riders while loafing on a large couch. (Curry completed a 140-mile journey through Maritime Canada on the Couch Bike in 2002.)
The Treadmill Bike isn't a joke, Curry insists. It's for sale, although no one's bought one yet, and it does help people to get fit. "There's definitely a lot more resistance in the Treadmill Bike than if you're simply running," he states, "so it's a much harder workout."
The angry reactions his invention inspires are surprising to Curry, since the YouTube ad is marked by such spoof hallmarks as stifled laughter, improbable situations and improper use of hip-hop slang. "I don't think the video production quality was all that high, but people seem to be totally taken in that it's this completely serious commercial product," he says. "I guess when I get responses like that it makes me all that much more glad that I made the bike as a bit of a statement."
Not everyone lured by the marketing of the Treadmill Bike thinks it's altogether useless. A television show in Germany gave it a serious evaluation, monitoring the aerobic intensity and increased heart rate of its use. And the Japanese love it. "They seem to have a mix of fascination and confusion about the whole thing," he says.
Curry, himself a triathlete, has no problems with the overblown fitness industry per se. He understands the need for products that are primarily aimed at fitness and not any practical purpose. But personally, Curry hopes that his message gets across every time people come across his Treadmill Bike and think that it's silly.
"It's silly that people drive their cars to the gym just to run on a treadmill!" he retorts. "There's lots of other ways to get your exercise."
See the Treadmill Bike, and all of its video demonstrations, at [ http:-/www.bikeforest.com- ]www.bikeforest.com.


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Our team at Memorable Gifts was delighted to receive this warm email from a happy customer – Robin Goody, a wonderful mommy who was determined to make her son's birthday memorable, despite her demanding work schedule.
Our son's first birthday has been the highlight of this summer for me and my husband. With our demanding jobs we had anticipated a low-key celebration, but it turned out to be one of the most memorable days for our friends, family, and our little bundle of joy – Luke! Peter and I had marked our calendars to plan our son's first birthday. Although we weren't planning on anything fancy, we really wanted to do something outside the box and special. It was heartbreaking to find ourselves neck-deep in meeting our deadlines the week before Luke's birthday, when all we wanted to do was go out and shop for something unique.
With only a few days left for the D day, a close friend mentioned Memorable Gifts offered personalized birthday gifts and personalized baby gifts. I didn't waste a single moment to jump on my computer and explore your exceptional world of goodies, to realize that Peter and I were being so conventional about imagining Luke's birthday. Memorable Gifts opened our doors to creativity! The idea of engraved gifts appealed to us a lot. One look at the treasure of personalized accessories on your site and we knew that we could come up with a wonderful theme for Luke's birthday party in our home. That day at work, Peter and I shortlisted our favorites from the wonderful ensemble of personalized treasures available on site. Our favorite pieces out of this precious assortment were: Silver Birth Certificate Holder with Personalized Stand, Happy Birthday Personalized Teddy Bear, and the Baby Booty Keepsake Money bank. I didn't sleep a wink that night, wondering how it will all come together. Not having much experience with online ordering for gifts and being a little old-fashioned about choosing presents, I was praying that those items look just as adorable in real life and the ordering process will be smooth. Peter and I had mentally visualized how we should be decorating the space in our house where we were hosting Luke's birthday. I woke up early next morning and experienced a rush of excitement as I went about ordered the gifts on MemorableGifts.com that we had shortlisted the previous night. To my relief the entire process of personalizing, putting a request for engraving Luke's initials on the gift items, and payment was a breeze! Your customer service was warm, prompt, and beyond our expectations. I couldn't believe that something for which we had anticipated over a week's planning was over within an hour.
It felt wonderful to decorate the walls, counter tops, and corners of Luke's birthday space with personalized frames, keepsake boxes, art panels, and all kinds of wonderfully unique stuff that is rarely found in regular gift stores. It was truly a one-of-a-kind birthday with a heartwarming atmosphere filled with love. Our family members and friends couldn't stop admiring the personalized theme.
Thank You Memorable Gifts!


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- Zdobywca nagrody
SoundSticks IIIDetails https://pl.harmankardon.com/SOUNDSTICKS+III.html?dwvar_SOUNDSTICKS%20III_color=Clear-EMEA-Current
Three-piece, 2.1-channel multimedia sound system
Three-piece, 2.1-channel multimedia sound system
Inspiring industrial design.
Few multimedia sound systems can boast that their predecessor was part of the permanent collection at New York City's Museum of Modern Art (MoMA), but that's exactly the claim the SoundSticks III speaker system can make. Taking its older sibling's celebrated design even further, the SoundSticks III look is cutting-edge with a modern industrial design aesthetic, elegant black accents and a luminescent white LED glow. And though the SoundSticks III system may look like a visitor from the future with its transparent speaker covers, its exceptional performance makes it a more-than-worthy encore to its pop-culture predecessor.
Realistic, room-filling sound and outstanding bass performance.
Technically, the SoundSticks III system is "multimedia," but once you hear it perform, you'll realize it could easily become your primary audio system. With 40 watts of amplification producing rich, realistic sound, SoundSticks III offers strong bass output that makes all your music sound great – no matter where the audio is coming from. And with down-firing subwoofer amplifiers matched to the individual speakers, you can rest assured that each speaker will get exactly what it needs to deliver a consistent, optimal performance.
Connect to virtually any media device.
Other than its stunning good looks, the SoundSticks III system offers excellent compatibility with other audio components. Thanks to its 3.5mm stereo audio connection, SoundSticks III speakers can be used with MP3 players, portable CD players, computers and almost anything with stereo line-level outputs. By offering you this user-friendly option, SoundSticks III becomes a nimble addition to your desktop, bookshelf or entertainment center, keeping your life simple with a maximum of connection options – and a bare minimum of wiring.
Touch controls for volume and mute.
The SoundSticks III system makes it easy for you to interact with your subwoofer and "sticks," offering sensitive touch controls for raising, lowering or muting the system volume. By responding to the gentle touch of your fingertip, this intuitive design feature makes your SoundSticks III system easy to operate, and keeps this work of audio "art" in the best possible condition.
Down-firing subwoofer with volume control.
In addition to 40 watts of amplification, the SoundSticks III system also features a six-inch down-firing subwoofer with volume control. By aiming sound down instead of at surrounding walls, your subwoofer makes your system less susceptible to adverse room variables – giving you a consistent performance. The subwoofer also has a flared port that reduces port noise during high-volume passages. This feature helps you tailor sound levels based on your room's specifications as well as your own listening preferences.
Fill the room with eight full-range transducers.
The harman kardon brand has a rich history of engineering sound with highly regarded results. The SoundSticks III system is no different, coming with eight full-range transducers (four in each speaker) and deftly filling your room with great sound, while increasing your power handling and audio output. With less distortion and better sound quality, SoundSticks III speakers ensure that you'll hear music or video exactly the way the composer intended.
Control the angle of your satellite speakers.
Elegant and easy to use, SoundSticks III satellite speakers are designed to fit exactly where you want them – and maybe even in a few other places. As a modern design feature that's adaptable to your environment, the SoundSticks III system has two angle-adjustable satellite speakers that bend from low angle to high. Gently push or pull each satellite to the desired position – and you can optimize the angle at which sound enters, and fills, the room around you.
Modern design with black accents.
The SoundSticks series is a colorful landmark in harman kardon design history – and one such color you're bound to notice on SoundSticks III speakers is: black. Designed to match perfectly with other design-driven industry heavyweights such as the Apple iMac, MacBook, MacBook Pro and even the iPad, the SoundSticks III system integrates several black accents into its transparent design that make it an ideal complement for computers of all shapes and sizes. Some of these accents include black connection beads, which elegantly adorn the interior of each satellite speaker, a new black ring inside the subwoofer and a new ice-white LED in the subwoofer, giving all the black accents a classy glow. As a suitable complement to the previously mentioned products as well as other electronic staples such as DVD and Blu-ray Disc players, SoundSticks III speakers have no shortage of design aesthetics to help them stand out from the rest.
Detachable audio cables keep you connected.
Form meets function meets flexibility: That's one of the key principles behind the SoundSticks III design. And whether you have a desktop computer or a laptop, the SoundSticks III system works and plays well with others thanks to detachable audio cables, which you can easily replace if they happen to get damaged. In addition, this flexible feature also gives you the freedom to use the SoundSticks III system with other types of input cables (not included) – ideal for connecting to a games console, DVD/Blu-ray Disc player, TV or any other device that has an analog output.
Attractive, high-quality audio cables.
Some manufacturers make audio cables a bare-minimum expense, which can compromise the integrity of an audio product and, potentially, the look of it. The SoundSticks III system does no such thing. SoundSticks III audio cables match the high-quality, transparent modern design of the speakers in terms of quality and visual appeal – and live just underneath the transparent speaker covers as if being showcased. Kept in place by black connection beads, these premium audio cables ensure that audio travels from source to speaker, without any sign of degradation or outside interference.
SoundSticks III są tym wszystkim, a nawet i więcej. Sześciocalowy, 20W subwoofer z głośnikiem skierowanym w dół i osiem jednocalowych głośników szerokopasmowych. Proste połaczenie z niemal każdym urządzeniem multimedialnym. Uderzający, nowoczesny wygląd perfekcyjnie odpowiadający czystemu brzmieniu. System audio Harman Kardon SoundSticks III wnosi nowy poziom emocji do muzyki, gier i filmów na Twoim biurku z minimalną ilością przewodów. No i wygląda przy tym spektakularnie.
Ogólne dane techniczne
Subwoofer Specifications
Speaker Specifications
Satellite Speaker Specifications
- 2 SoundSticks III Speakers
- 1 Subwoofer
- 1 Owner's Manual
Najnowsze instrukcje użytkownika, przewodniki szybkiego uruchomienia i dokumenty.


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Bureau of Customs and Border Protection--Automated Commercial Environment Contract
B-302358: Dec 27, 2004
Additional Materials:
- Full Report:
(202) 512-8156
Office of Public Affairs
(202) 512-4800
The Bureau of Customs and Border Protection's (Customs) Automated Commercial Environment (ACE) contract was an indefinite delivery, indefinite quantity contract and therefore was not subject to the multiyear contracting requirements of 41 U.S.C. 254c, including the termination provisions in that section. Upon award of an ACE contract, Customs should have obligated the contract minimum of 25 million in accordance with 31 U.S.C. 1501(a), the recording statute, to ensure the integrity of Customs' obligational accounting records.
B-302358, Bureau of Customs and Border Protection--Automated Commercial Environment Contract, December 27, 2004
Matter of: Bureau of Customs and Border Protection--Automated Commercial Environment Contract
1. Customs's Automated Commercial Environment (ACE) contract was an indefinite delivery, indefinite quantity (IDIQ) contract and therefore was not subject to the multiyear contracting requirements of 41 U.S.C. 254c, including the termination provisions in that section.
2. Upon award of Automated Commercial Environment (ACE) contract, Customs should have obligated the contract minimum of25 million in accordance with 31U.S.C. 1501(a), the recording statute, to ensure the integrity of Customs's obligational accounting records.
The Bureau of Customs and Border Protection (Customs) [1] and the Office of Inspector General (OIG), Department of Homeland Security, have jointly requested our decision, pursuant to 31 U.S.C. 3529, concerning implementation of the Customs modernization program [2] contract (Tc-2001-025), known as the Automated Commercial Environment (ACE) contract. Letter from Clark Kent Ervin, Acting Inspector General, Department of Homeland Security, and Robert C. Bonner, Commissioner, Bureau of Customs and Border Protection, to David Walker, Comptroller General, GAO, Dec. 5, 2003. Specifically, the requestors ask whether Customs should have obligated estimated termination costs pursuant to the Federal Acquisition Streamlining Act's multiyear contracting authority, codified at
41 U.S.C. 254c. Section 254c permits an agency to enter into a contract for up to 5years and requires the agency, at the time of contract award, to obligate the estimated costs of termination (as well as the cost of the first fiscal year in which the contract is in effect) unless the agency obligates for the full period of the contract.
OIG's position is that the ACE contract is a multiyear contract governed by the section 254c requirement to obligate termination costs and that Customs's failure to obligate estimated termination costs could result in an Antideficiency Act violation if Customs needs to terminate the contract before its expiration and there are insufficient funds to cover these costs. Customs ACE Contract Management: Deficiencies Noted With Customs Modernization Contract, OIG-03-087 at 7
(June 30, 2003) (hereinafter OIG Report). Customs maintains that the ACE contract is not subject to section 254c. Customs says that it is an indefinite delivery indefinite quantity (IDIQ) contract, funded by a no-year appropriation, and that Customs has correctly followed the rules for obligating funds for IDIQ contracts. Letter from Douglas M. Browning, Deputy Commissioner of Customs, to Jeffrey Rush, Office of Inspector General, Department of the Treasury, Dec. 20, 2002. [3]
As we explain below, we conclude that the ACE contract is an IDIQ contract and therefore is not subject to the requirements of section 254c, including the termination provisions of that section. Consequently, Customs did not need to obligate estimated termination costs at the time of contract award. We also conclude that Customs, at the time of contract award, incurred a legal liability of
$25 million for its minimum contractual commitment, but failed to obligate that amount. Customs did not record its25 million obligation until 5 months after contract award. There is no indication in the submitted record that Customs did not have sufficient funds to cover the obligation at the time of contract award. Certainly, five months later when Customs finally recorded its obligation, Customs did have sufficient budget authority to meet the contractual minimum. Consistent with
31 U.S.C. 1501(a)(1), commonly referred to as the recording statute, Customs should have recorded an obligation against a currently available appropriation for the authorized purpose in an amount reflecting the liability incurred as a result of a binding written agreement at the time the contract was awarded.
On April 27, 2001, Customs awarded its Modernization Prime Integration Contract, commonly referred to as the ACE contract, to IBM Global Services. [4] The contract provided for an initial performance period of 5 years and included two options, each option allowing Customs to extend the contract for an additional 5 years. ACE Contract at B-1, B-5, B-8. The contract provided a minimum order amount of
$25 million and a maximum order amount of5 billion. In other words, at the time of contract award, Customs committed to an order of $25 million; Customs, at its election, may order additional services and supplies up to $5 billion through delivery and task orders under the contract.
The OIG Position
Because of the large sum that Customs can expend under the contract, OIG conducted two oversight audits of the contract. OIG Report at 2. The conclusions of OIG's second report, dated June 30, 2003, are at issue here. In that report, OIG concluded that the ACE contract is "both a multiyear and IDIQ contract." [5] OIG Report at 4. OIG concluded further that because the ACE contract is a "multiyear contract," Customs was required to comply with section 254c and FAR Subpart 17.1, which govern multiyear contracting. Id. at 7-10, 12-13. OIG found that Customs had not obligated estimated termination costs for the contract. Id. at 3.
OIG concluded that section 254c applies primarily for two reasons. [6] First, the base ACE contract covers a period of 5 years. Referring to the two 5-year option periods,
OIG concluded, "Consequently, the full term of this contract could cover a 15-year period." Id. at 12, 31-32. To OIG, this is important because multiyear contracts are governed by section 254c. Id. at 12-13.
Second, OIG noted that Customs itself, at the time of procurement, proceeded as if this were a section 254c contract. OIG reported that upon reviewing the draft solicitation, the Customs Chief Counsel had advised the Procurement Division that a multiyear contract procurement action required a "Determination and Finding" (D&F) signed by the Commissioner. OIG Report at 30. According to OIG, a D&F is required only of section 254c contracts. Id. The contracting officer, on this advice, prepared a D&F. Id. In addition, in both its final solicitation and the awarded contract, Customs included the multiyear contract clause required by the Federal Acquisition Regulation. [7]
The Customs Position
Customs disagrees with the OIG conclusion. Letter from Douglas M. Browning, Deputy Commissioner, U.S. Customs Service, to Jeffrey Rush, Office of Inspector General, U.S. Department of the Treasury, Dec. 20, 2002. Customs contends that the contract is an IDIQ contract, and as such is not subject to the requirements of section 254c. Customs bases its position on, among other things, the plain language of the contract. Id. Customs maintains that because the ACE contract is not governed by section 254c, it is not required to obligate funds for estimated termination costs. Id.
In a letter to this Office dated February 3, 2004, the Customs Chief Counsel took the position that although "the evidence cited by the IG could conceivably lead to some confusion" as to the correct contract type, "the plain language of the contract, the underlying conflicting nature of the two contract types (IDIQ vs. Multi-Year), and the actions of the parties to the contract" support its position that the ACE contract is solely an IDIQ contract. Letter from Alfonso Robles, Chief Counsel, Customs, to Jon Barker, Senior Attorney, GAO, Feb. 3, 2004. The Chief Counsel also noted that "the parties have administered the contract as an IDIQ contract" and that Customs "has already fulfilled its contractual obligation to the ACE contractor by issuing task orders in excess of the25 million minimum liability stated in the contract." Id.
It is widely accepted that the plain language of a contract, if unambiguous, is the best source to use to interpret it. In re: Crow Winthrop Operating Partnership, 241 F.3d 1121, 1124 (9th Cir. 2001); In re: Cambridge Biotech Corp., 186 F.3d 1356, 1374
(Fed. Cir. 1999); Kokomo Tube Co. v. Dayton Equipment Services Co., 123 F.3d 616, 624 (7th Cir. 1997). Not only will courts look to the terms of a contract to determine its type, but they will do so in preference to statements of the parties external to the contract itself. In Crown Laundry and Dry Cleaners v. United States , 29 Fed. Cl. 506, 515 (1993), the Court of Federal Claims held:
"In determining which type of contract was entered into by the parties, the court . . . is not bound by the name or label given to a contract. Rather, it must look beyond the first page of the contract to determine what were the legal rights for which the parties bargained, and only then characterize the contract. See A-Transport Northwest Co. v. United States , 27 Fed. Cl. 206, 214 (1993); Ralph Constr., Inc. v. United States , 4 Cl. Ct. 727, 731 (1984); Mason v. United States , 222 Ct. Cl. 436, 442, 615 F.2d 1343, 1346 (1980)."
We examined the language of the ACE contract and find it clear that the contract is an IDIQ contract. In addition, Customs has generally administered it as an IDIQ contract. The fact that the term of the ACE contract covers more than one year does not compel a conclusion that it is subject to section 254c. Apparently the multiple-year term of the ACE contract has resulted in some confusion as to the nature of the contract and the obligational consequences of the contract. In this decision, we address the fundamental difference between IDIQ contracts (such as the ACE contract), multiple-year contracts, and multiyear contracts (such as section 254c contracts).
IDIQ Contracts
An IDIQ contract is a form of an indefinite-quantity contract. An indefinite-quantity contract provides for an indefinite quantity of supplies or services, within stated limits, during a fixed period. 48 C.F.R. 16.504(a). See also Mason v. United States, 442, 615 F.2d 1343, 1346, n.5 (Ct. Cl. 1980), cert. denied 449 U.S. 830 (1980); Cheryl Lee Sandner and Mary Ita Snyder, Multiple Award Task and Delivery Order Contracting: A Contracting Primer, 30 Pub. Cont. L. J. 3, 461 (2001). Although the quantity is indefinite, an IDIQ contract must require the government to order, and the contractor to furnish, at least a stated minimum quantity of supplies or services. FAR 16.504(a) . If additional amounts above the minimum are ordered, the contractor must furnish any additional quantities, but not to exceed the stated maximum. Id. Also, while the agency may place orders at any time during a fixed period, actual delivery dates during that period are undefined.
After award of an IDIQ contract, the government places task or delivery orders with the contractor (or contractors) as the government's needs become definite. IDIQs have been a common acquisition vehicle for several years. See GAO/NSIAD-00-56, Contract Management: Few Competing Proposals for Large DOD Information Technology Orders , March 2000 at 5. In 1994, the Federal Acquisition Streamlining Act (FASA) added sections 303H through 303K to the Federal Property and Administrative Services Act of 1949, codified at 41 U.S.C. 253h-253k, providing specific statutory authority for "task or delivery order" contracts. Pub. L.
No. 103-355, 1004, 1054, 108 Stat. 3261-3265 (Oct. 12, 1994). Section 253k of
title 41 of the U.S. Code defines task and delivery order contracts as follows:
"(1) The term task order contract' means a contract for services that does not procure or specify a firm quantity of services (other than a minimum or maximum quantity) and that provides for the issuance of orders for the performance of tasks during the period of the contract.
"(2) The term delivery order contract' means a contract for property that does not procure or specify a firm quantity of property (other than a minimum or maximum quantity) and that provides for the issuance of orders for the delivery of property during the period of the contract."
41 U.S.C. 253k.
Task or delivery order contracts under FASA include both "requirements contracts" [8] and indefinite quantity contracts, such as IDIQ contracts. [9] See, e.g. , John A. Howell, Governmentwide Agency Contracts: Vehicle Overcrowding on the Procurement Highway , 27 Pub. Cont. L. J. 395, 397 (1998). The FAR implements the FASA task and delivery order contract provisions in Subpart 16.5, "Indefinite-Delivery
Contracts," which, in FAR 16.504, "Indefinite-quantity contracts," establishes criteria for the use of indefinite-delivery contracts that are also indefinite-quantity contracts, i.e., IDIQ contracts:
"Contracting officers may use an indefinite-quantity contract when the Government cannot predetermine, above a specified minimum, the precise quantities of supplies or services that the Government will require during the contract period, and it is inadvisable for the Government to commit itself for more than a minimum quantity. The contracting officer should use an indefinite-quantity contract only when a recurring need is anticipated."
48 C.F.R. 16.504(b) (2003).
The ACE contract is a typical IDIQ contract, governed by 41 U.S.C. 253h-253k and FAR 16.504-16.506. The contract obligates the government to buy only a specified minimum amount of supplies and services and calls for the government to place task or delivery orders with the contractor as its requirements become definite. This is the essential nature of an IDIQ contract.
Additionally, the terms of the ACE contract, as awarded, make it clear that it is an IDIQ contract. For example, the contract in subsection I.1 incorporates FAR clause 52.216-22, which states, "This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract." Subsection B.4 of the contract provides that "[t]he Government shall order services/supplies worth a minimum of25 million ($25,000,000) under this Contract." Subsection H.4 includes ordering procedures typical of IDIQ contracts. Section L includes FAR clause 52.216-1, Type of Contract, which states that the government contemplates the award of an IDIQ type contract with delivery and task orders to be awarded.
When an agency executes an indefinite-quantity contract such as an IDIQ contract, the agency must record an obligation in the amount of the required minimum purchase. In an IDIQ contract, the government commits itself to purchase only a minimum amount of supplies or services. FAR 16.501-2(b)(3). At the time of award, the government has a fixed liability for the minimum amount to which it committed itself. See FAR 16.504(a)(1) (specifying that an IDIQ contract must require the agency to order a stated minimum quantity). An agency is required to record an obligation at the time it incurs a legal liability. 65 Comp. Gen. 4, 6 (1985); B-242974.6, Nov. 26, 1991. Therefore, for an IDIQ contract, an agency must record an obligation for the minimum amount at the time of contract execution.
Further obligations occur as task or delivery orders are placed and are chargeable to the fiscal year in which the order is placed. See, e.g., 60 Comp. Gen. 219 (1981). This principle was explained in 63 Comp. Gen. 129 (1983), in which we discussed funding of orders placed under GSA's Multiple Award Schedule (MAS) program:
"Thus, under the MAS agreements an agency does not actually bind the Government to make a payment unless and until it administratively determines that it has a requirement for a scheduled item and then issues a purchase order for it. Viewed as of the time FSS [Office of Federal Supply and Service] executes the agreements, no binding commitment which will necessitate the expenditure of funds is created because purchasing agencies have not ordered any scheduled items. Since the mere signing of an agreement does not result in a commitment for the payment of funds, no "obligation in advance of appropriations" prohibited by 31 U.S.C. 1304(a)(1)(B) and in effect by 41 U.S.C. 11 comes into being. [Footnote omitted.] Consequently, FSS would not violate those two provisions at the time MAS agreements are executed."
63 Comp. Gen. at 131-132.
The government controls the decision to make additional purchases (through task and delivery orders), the timing of those purchases, and the amount of those purchases. We discuss the obligational consequences of IDIQ and other variable quantity contracts in Principles of Federal Appropriations Law . GAO, Principles of Federal Appropriations Law , Vol. II, ch. 7, at 7-16 to 7-19 (2d ed. 1992) (commonly known as the Red Book). See also Office of Management and Budget (OMB) Circular No. A-11, 20.5 (c).
As indicated above, the ACE contract included a minimum order amount of25million. Customs, however, did not record any obligation for the ACE contract at the time of contract award. Instead, Customs recorded a $25 million liability five months later, on September 28, 2001, when it issued three task orders. Customs has advised us that its failure to record the $25 million obligation at time of contract award was inadvertent. It had expected to issue the three task orders concurrently with the award of the contract. Had it done so, Customs would have recorded the obligation at that time. Because of the technical nature of the task orders, however, it took Customs more time to process them than Customs had expected. In the effort to prepare and process the task orders, Customs neglected to record its
$25 million obligation.
Customs's failure to obligate the ACE contract's minimum order amount of
$25 million on contract award was inconsistent with the principles for funding of IDIQ contracts, set forth above, which require that the required minimum purchase must be obligated when the contract is executed. Nonetheless, Customs has advised us that it "has already fulfilled its contractual obligation to the ACE contractor by issuing task orders in excess of the25 Million minimum liability stated in the contract." Letter from Alfonso Robles, Chief Counsel, Customs, to Jon Barker, Senior Attorney, GAO, Feb. 3, 2004. There is no indication in the submitted record
that Customs did not have sufficient funds to cover the obligation at the time of its contract award. Certainly, 5 months later when Customs issued the three task orders and recorded the25 million obligation, it had sufficient budget authority.
As noted above, Customs failed to record the25 million minimum order amount as an obligation in its obligational accounting records at the time of contract award. Consistent with 31 U.S.C. 1501(a)(1), commonly referred to as the recording statute, Customs should have recorded an obligation against a currently available appropriation for the authorized purpose in an amount reflecting the liability incurred as a result of a binding written agreement at the time the contract was awarded. To ensure the integrity of Customs's obligational accounting records needed for a variety of reasons not least of which is compliance with the Antideficiency Act, we recommend that Customs take the necessary steps to ensure timely obligation of the minimum financial liability represented by IDIQ contracts.
Multiyear Contracts Under Section 254c
Section 254c authorizes executive agencies to "enter into a multiyear contract for the acquisition of property or services" if certain conditions are met. This multiyear contracting authority provides an exception to the Antideficiency Act, which prohibits obligations or expenditures in advance of appropriations, 31 U.S.C.
1341(a), and the time statute, which provides that an appropriation is available only to cover legitimate bona fide needs of an agency during the appropriation's period of availability, 31 U.S.C. 1502(a). Section 254c permits agencies to bind the government in advance of the availability of appropriated funds. [10] Subsection 254c(d) defines a multiyear contract as "a contract for the purchase of property or services for more than one, but not more than five, program years." Under section 254c, an agency awarding a multiyear contract needs only to have funds available for "the first fiscal year in which the contract is in effect, and for the estimated costs associated with any necessary termination of such contract." 41 U.S.C. 254c(a)(1).
Subsections (b) and (c) of sections 254c relate to cancellation of the contract in the event that funds are not made available:
"(b) Termination clause. A multiyear contract entered into under the authority of this section shall include a clause that provides that the contract shall be terminated if funds are not made available for the continuation of such contract in any fiscal year covered by the contract. Amounts available for paying termination costs shall remain available for such purpose until the costs associated with termination of the contract are paid.
"(c) Cancellation ceiling notice. Before any contract described in subsection (a) of this section that contains a clause setting forth a cancellation ceiling in excess of10,000,000 may be awarded, the executive agency shall give written notification of the proposed contract and of the proposed cancellation ceiling for that contract to the Congress, and such contract may not then be awarded until the end of a period of 30 days beginning on the date of such notification."
Procedures for cancellation of contracts under section 254c are set forth in the FAR at 48 C.F.R. 17.106-1, 17.108 (2003). [11]
Section 254c was enacted by FASA, Pub. L. No. 103-355, Oct. 13, 1994, 1072,
108 Stat. 3270. Its purpose was to "permit civilian agencies to enter into multiyear contracts where sufficient appropriations are available and obligated and the agency head determines that the need for property or services is reasonably firm and continuing and such a contract is in the best interest of the United States." H.R. Rep. No. 103-712, at 183 (1994). Although section 254c provides agencies with the discretion to enter into multiyear contracts when certain conditions are satisfied, it does not require agencies to do so. B-292179, B-292179.2, B-292179.3, June 27, 2003.
Section 254c (and certain other multiyear contracting authorities) are implemented in Subpart 17.1 of the FAR. 48 C.F.R. Subpart 17.1 (2003). FAR 17.104 provides in part: "Multiyear contracting is a special contracting method to acquire known requirements in quantities and total cost not over planned requirements for up to 5years unless otherwise authorized by statute, even though the total funds ultimately to be obligated may not be available at the time of contract award."
48 C.F.R. 17.104(a) (2003).
It is critical in this case to distinguish between "multiyear contracting" and "multiple year contracts." The unfortunate partial homonymy of the terms "multiyear" and "multiple year" evidently led to confusion both at Customs and at OIG and is the essential origin of the current dispute. The term "multiple year contracts" is commonly used to refer to contracts that extend beyond one year. It includes multiyear contracts, such as those authorized by section 254c, obligating the government for future years. It may also include contracts that extend for more than
one year, but do not obligate the government beyond the initial year. [12] This distinction is explained in FAR Part 17:
"The key distinguishing difference between multiyear contracts and multiple year contracts is that multiyear contracts, defined in the statutes cited at 17.101, buy more than 1 year's requirement (of a product or service) without establishing and having to exercise an option for each program year after the first."
48 C.F.R. 17.103. See, e.g., definition of multiple year contracts in FAR Part 22.10 (Multiple year contracts means "contracts having a term of more than 1 year regardless of fiscal year funding. The term includes multi-year contracts
(see 17.103)." 48C.F.R. 22.1001.
A few years after the enactment of FASA, Professors Cibinic and Nash noted the "confusion" created by the failure to distinguish between "multi-year contracting" and "multiple year contracts":
" Multiple-Year Requirements Contracts Distinguished We use the term multiple-year' to distinguish such a contract from a multiyear' contract. This is not just an exercise in semantics. Considerable confusion has arisen through overly broad use of the term "multiyear." That term should only be used when referring to the unique arrangements covered in FAR Subpart 17.1 . . . . At present, FAR Part 17 does not use the term multiple-year contract.' We use it here to refer to a contract that covers performance over a number of years but is not a multiyear contract. It could be a contract for supplies or nonseverable services that require more than one year to perform."
Ralph C. Nash and John Cibinic, Multiple-Year Task and Delivery Order Contracts: Can Annual Funds Be Used?, Nash & Cibinic Report, June 1996 at 31. [13] See also W.Noel Keyes, Keyes Encyclopedic Dictionary of Contract and Procurement Law , 5th Ed., 1992 at 30, 32 (definitions of "multi-year contracts" and "multiple year contracts").
We recognize that the contract file is replete with references to "multiyear contracting," including FAR Clause 52.217-2, Cancellation Under Multiyear Contracts. Many of these references apparently result from imprecise usage and apparent confusion between "multiyear contracting" and "multiple year contracts," discussed above. Further, at various times in the acquisition planning process, Customs's actions appeared consistent with an intent to award a "multiyear contract." Nonetheless, as explained above, Customs plainly awarded an IDIQ contract and not a multiyear contract.
Because the ACE contract is an IDIQ contract, it is not governed by section 254c and implementing regulations in FAR Subpart 17.2, including the contract cancellation provisions. IDIQ contracts and multiyear contracts have substantially inconsistent statutory and regulatory requirements. As discussed above, section 254c authorizes multiyear contracts when "the need for the property or services is reasonably firm and continuing over the period of the contract." 41 U.S.C. 254c(a)(2)(A). An IDIQ contract, on the other hand, is a contract "that does not procure or specify a firm quantity" of supplies or services, other than a minimum or maximum quantity.
41 U.S.C. 253k(1)-(2). The FAR authorizes multiyear contracts only when "the need for the supplies or services is reasonably firm and continuing over the period of the contract." 48 C.F.R. 17.105-1(a)(1). The FAR authorizes an IDIQ contract, however, "when the Government cannot predetermine, above a specified minimum, the precise quantities of supplies or services that the Government will require during the contract period." 48 C.F.R. 16.504(b). Similarly, multiyear contracts "buy more than one year's requirement (of a product or service)," 48 C.F.R. 17.103, but supplies and services specified in an IDIQ contract "are estimates only and are not purchased" by the contract. 48 C.F.R. 52.216-22 (2003). A single contract cannot satisfy these wholly inconsistent sets of statutory and regulatory requirements.
It is plain, therefore, that the ACE contract is an IDIQ contract and cannot also be a "multiyear contract" governed by section 254c and Part 17 of the FAR. As set forth above, the ACE contract has all the essential indicia of an IDIQ contract and none of the indicia of a multiyear contract. It is governed by sections 253h though 253k of Title 41 of the U.S. Code and associated regulations in Part 16 of the FAR as well as general principles regarding funding of indefinite quantity contracts, discussed above.
The ACE contract is an indefinite delivery, indefinite quantity (IDIQ) contract and therefore is not subject to the requirements of section 254c, including the termination provisions in that section. Customs failed to record the25 million minimum order amount as an obligation in its obligational accounting records at the time of contract award. Consistent with 31 U.S.C. 1501(a)(1), commonly referred to as the recording statute, Customs should have recorded an obligation against a currently available appropriation for the authorized purpose in an amount reflecting the liability incurred as a result of a binding written agreement at the time the contract was awarded. To ensure the integrity of Customs's obligational accounting records needed for a variety of reasons not least of which is compliance with the Antideficiency Act, we recommend that Customs take the necessary steps to ensure timely obligation of the minimum financial liability represented by IDIQ contracts.
Anthony H. Gamboa
General Counsel
[1] The name of the Customs Service was changed to the Bureau of Customs and Border Protection by Reorganization Plan Modification for the Department of Homeland Security, effective Mar. 1, 2003, H.R. Doc. No. 108-32, 108th Congress,1st Session, set out as a note under 6 U.S.C. 542. We use Customs throughout for both the Customs Service and the Bureau of Customs and Border Protection.
[2] GAO has reviewed the Customs modernization program several times. The most recent related GAO work product is GAO-04-719, Information Technology: Early Releases of Customs Trade System Operating, But Pattern of Cost and Schedule Problems Needs to Be Addressed, May 14, 2004.
[3] In view of the disagreement between OIG and Customs, OIG has suspended the requirement for Customs to submit a corrective action plan pending our decision.
[4] On December 21, 2000, the Consolidated Appropriations Act, 2001, appropriated258,400,000 to Customs for automation modernization "to remain available until expended," and provided that, "not less than $130,000,000 [of that amount] shall be for the development of the Automated Commercial Environment." Pub. L. No. 106-554, 114 Stat. 2763, 2763A-131 (Dec. 21, 2000). To date, all subsequent appropriations for the Automated Commercial Environment have been enacted "to remain available until expended." Department of Homeland Security Appropriations Act, 2004, Pub. L. No. 108-90, 117 Stat. 1137, 1139 (Oct. 1, 2003); Consolidated Appropriations Resolution, 2003, Pub. L. No. 108-7, 117 Stat. 11, 434 (Feb. 20, 2003);Treasury and General Government Appropriations Act, 2002, Pub. L. No.107-67, 115 Stat. 514, 520 (Nov. 12, 2001).
[5] At the time of the audits, Customs was part of the Department of Treasury. The Department of Homeland Security OIG is now responsible for tracking compliance with the report's recommendations.
[6] OIG, in its report, addressed the multiyear character of the ACE contract; OIG did not address the IDIQ character of the contract despite concluding that the contract is "both a multiyear and IDIQ contract." OIG Report at 2.
[7] FAR 52.217-2 ("Cancellation Under Multiyear Contracts"), 48 C.F.R. 52.217-2. The FAR requires agencies to include this clause "in solicitations and contracts when a multiyear contract is contemplated." 48 C.F.R. 17.109(a). The FAR is codified in title 48 of the Code of Federal Regulations.
[8] "A requirements contract provides for filling all actual purchase requirements of designated Government activities for supplies or services during a specified contract period, with deliveries or performance to be scheduled by placing orders with the contractor." FAR 16.503(a), 48 C.F.R. 16.503(a) (2003).
[9] See 48 C.F.R. 16.501-2(a):
"There are three types of indefinite-delivery contracts: Definite-quantity contracts, requirements contracts, and indefinite-quantity contracts. The appropriate type of indefinite-delivery contract may be used to acquire supplies and/or services when the exact times and/or exact quantities of future deliveries are not known at the time of contract award. Pursuant to 10 U.S.C. 2304d and section 303K of the Federal Property and Administrative Services Act of 1949, requirements contracts and indefinite-quantity contracts are also known as delivery order contracts or task order contracts."
[10] Other statutes in addition to section 254c authorize multiyear contracting, e.g. ,
10 U.S.C. 2306b, 2306c. For a discussion of multiyear contracting and its fiscal law implications, see GAO, Principles of Federal Appropriations Law , Vol. I, ch. 5, at 5-44 to 5-48. (3d ed. 2004).
[11] Cancellation under section 254c in the event of nonavailability of funds is distinct from "termination for convenience of the government," which is governed by FAR Part 49. 48 C.F.R. pt. 49.
[12] Using a no-year appropriation, Customs entered into a multiple year contract, covering a period of five years. As discussed above, Customs did not incur a 5-year financial obligation, however. At the time of award, Customs incurred an obligation only for the25 million of supplies and services that it had agreed to purchase; during the 5-year contract period, Customs would incur additional obligations whenever it might place an order for additional supplies or services, and would charge the new obligations to appropriations available at that time.
[13] In March 1995, the Federal Acquisition Regulatory Council published in the Federal Register a proposed rule covering implementation of the "Multiyear Contracting" provisions of FASA as part of FAR Case 94-710, Special Contracting Methods. 60 Fed. Reg. 14340, 14341 (Mar. 16, 1995). The proposed rule included the following definitions in proposed FAR 17.103:
" Multiple year contract , as used in this subpart, means a contract having a term of more than one year regardless of the type of funding that applies.
" Multiyear contract means a contract for the purchase of supplies or services for more than one, but not more than five, program years. A multiyear contract may provide that performance under the contract during the second and subsequent years of the contract is contingent upon the appropriation of funds, and (if it does so provide) may provide for a cancellation payment to be made to the contractor if appropriations are not made."
The final rule covering multiyear contracting was published in July 1996, but included no definition of "multiple year contract." 61 Fed. Reg. 39203, July 26, 1996. However, a definition of "multiple year contract" is found at 48 C.F.R. 22.1001.
Sep 28, 2020
Teledyne Brown Engineering, Inc.
We sustain the protest.
Sep 25, 2020
ICI Services Corporation
We dismiss the protest.
Sep 24, 2020
Pacific Dredge and Construction, LLC
We deny the protest.
Sep 23, 2020
Candor Solutions, LLC
We dismiss the protest because the protester's allegations are untimely.
Sep 22, 2020
Konica Minolta Business Solutions USA, Inc.
We deny the protest.
Sep 17, 2020
Sep 16, 2020
Sumaria Systems, Inc.
We deny the protest.
We deny the protest.
Sep 15, 2020
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